COMPEL THIS! WorkComp Defense to provide medically necessary treatments as part of Exclusive Remedy

Linked In photo July 2015  LINDA
“WE ARE THE MEDIA NOW”

NOW, 2015

Honorable Judge Robert B. Hill

Workers’ Compensation Administrative Law Judge

WORKERS COMPENSATION APPEALS BOARD  – State of California

3737 N. Main Street, 3rd floor

Riverside, CA 92501

RE:          ADDENDUM TO DOR AND OBJECTION TO PETITION TO COMPEL ATTENDANCE  (sent yesterday)

Dear Judge Hill:

I pray the Court will finally intervene on my behalf, and on behalf of all American Injured Workers subjected to such abuses by the insurance industries and their goon squads.

Senator Fuller suggested that I take my concerns to the DIR, and the FBI suggested I take my concerns to the DOI.  Been there, done that.  There will be a special blog soon on how and which State Officials and Agencies and Legal Communities also fail injured American Workers, in this case and in others.

As I am preparing for your Court and re-filing all the medical/legal papers in my possession, in reviewing the Medical  Index in use by the Defense, I noticed yet another omitted report dated February 6, 2015 from Dr. Hilda Chalgujian regarding these very subjects.  It is a 2 page summary after a series of “discouraging” CorVel communications.   DR HILDA CHALGUJIAN 2 6 2015 FAX_20150217_1424143081_1 (1)

I ask that you include this in your reconsideration of your order to compel me to see an Ear Nose and Throat doctor as well as yet another set of neuro-psych tests for a very well documented brain injury of 1/9/12, treated by defense primarily with a few chiropractic sessions, a few clinical psychologists in 2012, 2013 had some physical therapy, 2014 finally saw to some speech therapy, occupational therapy and more physical therapy and sessions with neuro-psychologist and a few acupuncture sessions.  That’s hardly compliance with ACOEM, MTUS or even common sense.

Dr. Chalgujian’s initial report is approximately 40 pages, which includes her testing results and her comprehensive review of all medical records up to April 2014, when she agreed to begin to treat me.  Defense had no neuro-psychologists and I had to make many calls to find a local brain injury expert, and Dr. Chalgujian’s name was constantly recommended.  As a result, she agreed to treat me, then defense wanted her to do another evaluation, which she agreed to and provided.

Please note that the difference between Dr. Chalgujian’s reports and those of QME/AME doctors — Dr. Chalgujian does the testing herself, and writes the reports herself, and reviews all the medical records herself.  I know of no doctor in the WorkComp system that does so — in fact, a few have admitted that their “well trained” (non-medical staff) write the expensive reports that that doctors just sign.  I suspect most don’t even even review them, or if they do, I would have to further suspect how they made it through medical school.

I don’t know if Dr. Chalgujian has been paid for her reports or all therapy visits; I know that Defense has refused to reimburse me for even those medical miles (90 miles, round trip; weekly for a while; gas at approximately $4.00/gallon.  I hope to meet with Dr. Hilda to discuss resuming treatment with her, either via my alleged Workers Compensation Insurance coverage, or via my Medicare policy, awarded through recent total disability designation by the Social Security Administration.

If CNA continues to refuse to provide estimated Permanent Disability funds (they have breached the Law repeatedly on refusals to pay TTD as well, so there is no reason for me to expect right action or legal compliance at this stage either) , with penalties, and if WCAB allows them to continue all these atrocities, then I will be unable to continue at the Coastline Acquired Brain Injury program in Newport Beach — the lodging, travel and meals out are too expensive and I don’t know how I am to survive on the SSA award income.

Without completing the Coastline program, and dealing with the vision and auditory processing issues,  speech and vestibular issues and other yet unknown issues (EEG scheduled for next month, self-procured, because CNA doesn’t apparently think they are valid for brain injury diagnosis, nor have they provided MRI’s)  I don’t know how I will ever be ready for a trial return to work.

If I am unable to return to Coastline 8/24/15, my entire support system will break down, leaving me somewhat defenseless and could cause a loss of all the progress I have made in learning compensatory strategies.

Neuro-vision evaluations and vision therapy, acupuncture, Brain MRI’s (2012, 2014) as well as scientifically based functional neurology treatments have been self-procured since carrier’s callous disregard for law and life is indisputable; in October 2014, a State run program, the Coastline Acquired Brain Injury Program at Coastline Community College, best in the nation for people with disabilities and more, has also been self-procured.

How is this and EXCLUSIVE REMEDY when doctors are simply paid to write reports with recommendations for treatments that are ignored, then the select few doctors write clearly false reports at the beckoning of the defense, and the defense churns the file for billable hours, shifting cost burdens to injured workers, State & Federal Tax payers?

With the thousands and thousands and thousands of dollars the defense has paid for reports – false and otherwise – a fraction of those monies spent on medically necessary care might have helped me heal, and perhaps returned to work at any point along the way.  I have SPENT more than $43,000 to-date to survive these atrocities.

How many thousands of dollars has the defense laundered through how many unclean hands to cause such harm to me, and Injured Workers like me?  “Follow the money.  Always follow the money.”

 

“Compel” the defense to identify what TREATMENTS they have provided; I CAN PROVIDE A LIST OF ALL RECOMMENDED TREATMENTS THAT THEY FAILED & REFUSED TO PROVIDE SINCE DATE OF INJURY.  

COMPEL THIS!  WorkComp Defense to provide medically necessary treatments as part of Exclusive Remedy

Is it time for more serious discussion about THE DEMOLITION OF WORKERS’ COMP?   ProPublica peeps have just discussed the tip of the iceberg….Write on Michael Grabell and Howard Berkes!  Keep involving the industry experts…..shatter their delusions.

cognitive dissonance

Let’s do something good for America, your Honor.

Hold these insurance companies and their defense firms accountable for their actions, and do what you can for some house cleaning at 3737 North Main Street.

Thank you for your consideration and an expedited hearing.  Mediation might be a good idea to save the Court some bother, wouldn’t you agree?  It would be great if a representative from the Corporate Fraud Unit of the Office of the District Attorney could be invited to observe and review.

Sincerely,

Linda Ayres, In Pro Per

Wyndham Worldwide Shareholder, Injured Worker

#WorkComp & #BrainInjury Survivor

PO Box 835

Yucca Valley CA 92286

ADJ8181903

760 368 7236

Attachment:   DR HILDA CHALGUJIAN 2 6 2015 FAX_20150217_1424143081_1 (1)

WE ARE THE    MEDIA NOW

PS   Ask About Your Radiation This Week – Dodge the Rads! It’s Dangerous Out There….

2 thoughts on “COMPEL THIS! WorkComp Defense to provide medically necessary treatments as part of Exclusive Remedy

  1. Oh Brother! Read this one! “So you think Jerry Brown’s Workers Compensation reforms are a success? Really? http://www.rivercityattorneys.com/so-you-think-jerry-browns-workers-compensation-reforms-are-a-success-really/? http://www.rivercityattorneys.com/so-you-think-jerry-browns-workers-compensation-reforms-are-a-success-really/

    Is the Brooklyn Bridge still for sale? How about the London Bridge? Or is that ‘free trip to bloggers’ still be offered to get people to #Fukushima by the Japanese Tourism Ministry? D’oh!

    D’oh!

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